But College of Physicians and Surgeons of Ontario won’t say whether it will report Dr. Sastri Maharajh, who was disciplined for sexually abusing as many as 13 female patients.
Regulators such as the College of Physicians and Surgeons of Ontario
should be more accountable to patients, one expert said, noting that
the college could have revoked Dr. Sastri Maharajh's licence, but chose
not to do so.
Peel Regional Police say they will investigate a Mississauga doctor disciplined for professional misconduct after sexually abusing more than 10 women if the province’s medical regulatory body complains.
But the College of Physicians and Surgeons of Ontario won’t say whether it will do so.
It’s keeping secret
the details of any approach to local police services regarding Dr.
Sastri Maharajh, who admitted to either placing his mouth on or resting
his cheek on the breasts of as many as 13 female patients between 2005
and 2011.
Maharajh returned to
work at a Mississauga walk-in clinic in July after an eight-month
suspension. He isn’t allowed to treat women, and must post a clearly
visible sign in his waiting room saying he can treat men only. Maharajh
objected to these conditions at his penalty hearing, asking instead for
his appointments with women to be supervised, but the committee decided
his risk of reoffending was too great.
The Star’s multiple attempts to reach Maharajh at his home and clinic for comment were unsuccessful.
The college’s decision raises questions about whom the regulatory body is trying to protect — physicians or patients.
Marilou McPhedran,
director of the Institute for International Women’s Rights at the
University of Winnipeg’s Global College, headed two separate task forces
in 1991 and 2001, looking at sexual abuse of patients by health-care
professionals.
She said government and regulatory bodies need to be more accountable to patients.
In Maharajh’s case,
McPhedran said the college could have revoked the doctor’s licence under
the Regulated Health Professions Act.
“They have more than
enough legal jurisdiction to use their discretion to exercise their
responsibility, as members of a college, to make their decision on the
basis of what is in the best interest of public and patient safety,” she
said. “They chose not to.”
Instead, the
discipline committee used a discretionary loophole in the act to suspend
Maharajh and put conditions on his licence. The act allows less severe
punishment for sexual transgressions that do not involve sexual
intercourse, various forms of contact with the genitals, the anus and
the mouth, or masturbation.
Not enough has changed in the more than two decades since the first task force was commissioned, McPhedran said.
“There’s a simple
question to ask here: who benefits from continuing, year after year
after year, not to fully utilize what the legislation allows to protect
the public? Who benefits?”
A complaint of sexual
abuse against Maharajh was reported to the college by an unidentified
female patient in July 2011; Maharajh later disclosed to the college
that similar incidents happened with 10 to 12 other women.
Peel police Const.
Lillian Fitzpatrick said Maharajh’s name has not appeared on an arrest
report. If the college made a complaint and provided police with
specific information, such as the patient’s name, they could launch an
investigation.
“What we would
probably have to do in that case is get a warrant to obtain any written
documentation, anything they would have to substantiate that claim,”
Fitzpatrick said. “Then we would initiate (an investigation) through the
victims.”
Fitzpatrick said
although police will look into complaints of sexual abuse, a successful
investigation ultimately comes down to a victim’s willingness to
proceed.
In an email to the
Star on Thursday, spokesperson Kathryn Clarke said while the college
regularly receives and shares information with police in “appropriate
circumstances,” she can’t speak to Maharajh’s case specifically.
“… In deciding whether
to share information, the circumstances of the particular case are
considered, including the wishes of the complainant,” she said.
Source: http://www.thestar.com/news/gta/2014/09/19/police_will_investigate_mississauga_doctor_if_watchdog_complains.html
Source: http://www.thestar.com/news/gta/2014/09/19/police_will_investigate_mississauga_doctor_if_watchdog_complains.html
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